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ASSIGNMENT TWO
CASE STUDY (30%)
The case study which students are required to resolve using the four step process is set out below on pages 5 and 6. Students are required to apply the relevant legal concepts and principles to analyse and solve the legal issues arising in the case study by explaining and applying their knowledge of the legal principles and rules arising in the Australian legal system.
You will have to listen to the four step process vodcast in the assessment folder on blackboard prior to attempting this assignment. Please note also that the information contained in the course materials (the text book, lecture and E-learning materials) are sufficient when completing your assignment. It is not necessary to research beyond these materials for the purpose of completing this assignment.
NOTE:
• The fact scenario used in this assignment is fictitious.
• Students are to focus on answering the assignment questions with reference to the materials covered in topic 3. Students do not need to (and should not) undertake any additional research. The level of detail and information contained in the course materials is sufficient to answer the assignment.
• Note the four step process requires students to refer to legislation or case law as authority for the rules of law explained in step two. Where appropriate you will need to refer to any applicable legislation or case authorities contained in the material for topic 3. You may also want to review the materials on referencing that were provided for the first assignment.
Marking rubric
The case study is made up of two (2) four step process questions. Each is worth fifteen (15) marks. The four step process marking rubric for each question is as follows:
STEP ONE
Identify the legal issue No marks specifically (as this is usually stated in the question)
STEP TWO
Explain the rule(s) of law with reference to relevant authority. 8 marks available
STEP THREE
The rules of law explained must be specifically applied to the facts so a solution can be found. 6 marks available
STEP FOUR
A logical conclusion should flow from the above steps No marks specifically available
Overall use of the four step process, structure of the answer and referencing. 1 mark available
In relation to the marks allocated for the overall use of the four step process, structure of the answer and referencing, regard will be had to not just whether the answer is “set out” in the four steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the four step process would be the application of the facts specifically to every principle of law explained.
Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion. Consequently this will include a consideration of matters such as presentation, formatting, expression, sentence structure, grammar and the like.
As a general guide, a student who has used the four step process correctly for each question (has identified the relevant principle(s) of law, explained the rule(s), applied the facts and come to a logical conclusion), but where the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before, the student would be awarded a pass mark for this part of the assignment, i.e. 0.5 marks.
Referencing and appropriate acknowledgement of sources
Most often errors in referencing are incidental or clearly inadvertent. In the event of a level one incident of plagiarism occurring, a student may be contacted by the University and required to undertake further training or remedial work in relation to referencing. Where the lack of correct referencing appears to contravene the University policy on plagiarism, the student’s paper will be referred to the Unit Coordinator and dealt with according to University policy. This may amount to academic misconduct.
An important aspect of the University Plagiarism Policy is recognition that not all plagiarism incidents are intentional or involves cheating. If students are not learning as expected, they will be made aware of their difficulties and helped to improve. Those who deliberately choose to cheat by way of plagiarism, however, will be identified and dealt with accordingly.
Students are strongly advised to understand their responsibilities in relation to correct referencing and should consult the unit outline and powerpoint slides on referencing located on the Business Law Blackboard site for more information.
Format of assignments
Assignments cannot be handwritten and must comply with the following format requirements. Those assignments, which do not conform to these requirements without prior agreement of the unit coordinator, will either be returned to the student unmarked or will have marks deducted:
• Document type: Word or pdf (pdf preferred)
• Font: Arial or similar font - no smaller than 12 point in size
• Pages: Numbered in top or bottom margin
• Spacing: Appropriate line spacing and paragraph spacing
• Margins: At least 2.5 cm top, left, right & bottom
Presentation
• Cover sheet (located on Blackboard under the Assessment tab) must be attached to the assignment
• Appropriate sentence structure
• Correct grammar, spelling and punctuation
• Paragraph size and breaks appropriate
• Consistent format
• Appropriate use of headings and sub-headings
• Within acceptable word limit
• Appropriate referencing and acknowledgment of sources
Word Limit
The total assignment (meaning questions one and two) should be a minimum of 500 words and not exceed 3,000 words.
Please provide a word count on your cover sheet. A penalty of 10% will be imposed on assignments that exceed the word limit. Markers have discretion as to whether to apply the penalty for an additional 100 words, provided the discussion remains relevant. The assignment will not be assessed if it exceeds 3,500 words and will result in a ZERO mark.
The word count does not include the following:
• cover sheet;
• in-text referencing; • referencing list; and • headings.
Submission
Please read the submission process carefully. Students should understand that compliance with instructions in relation to an assessment task is critical. Students MUST be aware that non-compliance with submission instructions can result in a mark of ZERO.
All assignments must be submitted by 1PM (WST) on the Monday of the week the assignment is due, i.e. Assignment two is due Monday, 4 November 2019 by 1PM (WST).
Students are required to submit their assignment to Blackboard through a link provided in the ‘Assessment’ folder titled ‘Assignment two’. The assignment will automatically be submitted to the plagiarism detection program, Turnitin.
Students are given the option to submit draft versions of their assignment into Turnitin (via Blackboard) to retrieve an originality report for their assignment. To submit a draft assignment, students should upload their draft assignment to Blackboard through the same ‘Assignment two’ link referred to above. Students are allowed to submit multiple drafts through that link. If one or more draft assignments are submitted by a student through that link, the last version of the assignment that a student uploads before the due date / time will be taken as the final version of their assignment, which will be marked for assessment purposes.
For more information about the submission process or Turnitin, please refer to the detailed submission instructions on Blackboard within the ‘Assessment’ folder.
Feedback on assignments
All of the teaching staff are available to assist you with your learning in this unit. You should contact your lecturer or tutor if you need help understanding the course material or issues arising in the assignment. There is also a staffed discussion board available for students. It is often helpful to share ideas and problems with other students using this forum. You can also contact the unit coordinator if you are still unable to get the answer you are seeking. Please allow 48 hours (two working days) for a response to your query.
Unfortunately it is just not possible for the teaching staff to review draft assignments for comment before submission as it is in effect double marking. If you require help with your assignment, either narrow the question or section of work to specific questions.
This assignment will be marked using a rubric. In providing feedback to students using this rubric, markers will detail an answer guide and individual comments on what a student had done well and suggestions for improvement in the future. This will include specific feedback on the use of the four step process.
Assessments submitted early will not be marked before the due date.
Please refer to the unit outline for the full procedure in relation to penalties for late submission and requests for an extension.
Case Study
Rick Booth loves to collect Hollywood inspired film memorabilia and has assembled a large number of interesting items including clothing, posters and props from the Hollywood ‘Golden Age’ that concluded in 1969. Rick is an associate at a Subiaco marketing firm and has saved enough money over the past two years for a trip to the Los Angeles where he hopes to visit significant Hollywood landmarks, undertake studio tours and purchase more memorabilia. On Monday morning, he telephones his cousin Cliff Dalton who runs a travel agency that specialises in themed package tours called ‘Once Upon a Time Pty Ltd’ to organise the trip especially the flights and accommodation. Cliff sends the following email to Rick at 11am Monday:
Dear Rick,
Once Upon a Time can supply airline tickets to Los Angeles and accommodation which will allow you to experience Hollywood landmarks, attend studio tours and also have the opportunity to buy memorabilia. You will arrive on Friday before the first studio tour and remain in Los Angeles for a three week period. The price is $10700. If this is suitable please confirm by email before 12noon Wednesday.
Kind regards
Cliff
Rick sends an email to Cliff at 1130am Wednesday thanking him and confirming that he will take the tickets and accommodation. He also books two other tours online. One is a ‘Hollywood Boulevard’ Tour as he wants to see the sights along with another tour of the nearby ‘Spahn Ranch’ as Rick is a fan of 1960’s western films that often used the ranch for filming. What Rick doesn’t know, however, is that Cliff is having a long standing argument with his landlord, Manson Pty Ltd who changed the locks on his office on Tuesday afternoon and will not let him re-enter until he pays for the damage he caused to the office when his Cadillac convertible car crashed through the front window the previous year. Cliff had previously promised to pay for the repair works that were undertaken by Manson’s soon after the incident. As he could not gain entry to his office, Cliff did not see Rick’s email on Wednesday morning. Cliff paid Manson’s for the damage a few days later and was finally given access to his office. He has since read Rick’s email. Unfortunately, he can now no longer provide the package at the quoted price of $10700 for the original dates. He advises Rick who is by now extremely upset and disappointed as he paid for the two tours by credit card and they cannot be rescheduled. Cliff will however provide Rick with another package to Los Angeles next year for the discounted price of $11800 as they are family.
Question: (complete 1 & 2 using two 4 step answers)
1. Using the 4 step process, discuss and apply the element of agreement required for the formation of a legally enforceable contract in the above scenario involving Rick and Cliff.
2. Using the 4 step process, also consider whether the remaining formation elements of intention and consideration have been satisfied in the above scenario.

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